Comparison with Federal Regulations
None.
Entities Affected by the Rule
Residential care centers for children and youth, group homes, child welfare agencies, counties, and tribes.
Estimate of Time Needed to Develop the Rule
500 hours.
Contact Information
Mary Morse
Child Welfare Licensing Section
Bureau of Permanence and Out-of-Home Care
Phone: (608) 266-0415
Commerce
Subject
Creates Chapter
Comm 9, relating to movable soccer goals and revises Chapters
Comm 83 to
85, relating to private sewage systems.
Objective of the Rule
One objective of the potential rule-making projects is to establish or revise administrative rules regarding buildings, building components or structures affected by legislation enacted during the 2009-2010 legislative session. This includes mandates under:
The rule-making project regarding private sewage systems may also involve technical revisions to address code inconsistencies and new technologies.
The objectives of these rule projects may be incorporated into more than one package and may include revisions to other chapters of department administrative rules affected by the proposal.
Policy Analysis
Under the statutory authority of chapters 101 and 145, Stats., the department has the responsibility to protect public health, safety and welfare in the design and construction of public buildings, places of employment and one- and 2- family dwellings and their components. The department has established building and construction codes that establish minimum standards for the protection of public health, safety and welfare.
Currently, the Department has no administrative rules governing soccer goals.
The primary alternative would be to delay the rule-making process. This delay would reduce the public benefits that would otherwise occur by beginning these projects now and would not be consistent with the implementation timelines mandated in the legislation.
Statutory Authority
Chapters
101,
145 and
167, Stats., as affected by 2009 legislation.
Comparison with Federal Regulations
The US Consumer Product Safety Commission has published Guidelines for Movable Soccer Goal Safety, January 1995, publication #CPSC 326.
There are two existing federal regulations that address some aspects of private sewage systems,
40 CFR 144.80(e) and
40 CFR Part 122. Under federal regulations private sewage systems are classified as Class V Wells, Shallow Injection Wells and large private sewage systems require National Pollutant Discharge Elimination System (NPDES) permits which are currently administered by the Department of Natural Resources under its Wisconsin Pollutant Discharge Elimination System (WPDES) program.
There are no existing or proposed federal regulations that would address the matters that are regulated under this rule-making project.
Entities Affected by the Rule
The rule project pertaining to soccer goals will affect public and private entities that own or utilize soccer goals for the activities; this would include public and private schools and soccer clubs and associations.
The rule project pertaining to private sewage systems will affect public and private entities that own private sewage systems or are involved in program administrative functions such as soil testing, design, construction, inspection and maintenance.
Estimate of Time Needed to Develop the Rule
The department estimates it will take approximately 200 hours to develop the rules pertaining to soccer goals. This time includes reviewing national standards, drafting the rules and processing the rules through public hearings, legislative review and adoption. The department will assign existing staff to undertake this rule-making project.
The department estimates it will take approximately 400 hours to develop the rules pertaining to private sewage systems. This time includes reviewing current rules, drafting the rules and processing the rules through public hearings, legislative review and adoption. The department will assign existing staff to undertake this rule-making project.
Commerce
Financial Resources for Businesses and Communities, Chs.
Comm 100—
Subject
Creates Chapter
Comm 103, relating to the Disabled Veteran-Owned Business Certification program.
Objective of the Rule
The proposed rules would implement the provisions of
2009 Wisconsin Act 299. The rules will establish the eligibility criteria and process for obtaining certification under the disabled veteran-owned business certification program.
Policy Analysis
The Department currently operates the Minority Business Certification Program and the Woman-Owned Business Certification Program. The proposed rules for the Disabled Veteran-Owned Business Certification program will be similar to the structure of the rules for these two programs.
Under the proposed rules, as required by
2009 WI Act 299, the Department would certify Wisconsin businesses that are at least 51 percent owned, controlled, and actively managed by disabled veterans. The Department may establish a processing fee to cover the department's expenses in making the certification determination. Alternatively, the Department may seek to enter into a Memorandum of Understanding (MOU) with the Wisconsin Department of Veterans Affairs (DVA) to operate the certification program. The Department is required to promulgate rules to implement the provisions of
2009 WI Act 299.
Statutory Authority
Comparison with Federal Regulations
Title 13 of the Code of Federal Regulations, Part 25, Subparts A thru E, address the definitions, eligibility requirements, contracting requirements, protest procedures, and penalties and records retention requirements under the federal Small Business Administration Service-Disabled Veteran-Owned (SDVO) Small Business Concern (SBC) Program. The purpose of the SDVO SBC Program is to assist small businesses in obtaining a fair share of Federal Government contracts, subcontracts, and property sales. An SDVO SBC is one in which at least 51% of the business is owned, controlled, and actively managed by service-disabled veterans, or in the case of a veteran with a permanent and severe disability, a spouse, surviving spouse, or permanent caregiver of the veteran. The SDVO SBC must also meet the small size standards corresponding to the NAICS code assigned to the contract at the time of the contract offer. Verification eligibility is for a 12-month period.
Title 38 of the
Code of Federal Regulations, Part 74, addresses the application guidelines, oversight and records management requirements of the U.S. Department of Veterans Affairs (VA) Center for Veterans Enterprise (CVE) VetBiz Vendor Information Pages (VIP) database. Eligibility criteria for the CVE VIP are based on ownership and control, and the absence of: (a) debarment or suspension concerns; (b) false application statements; and (c) significant unresolved financial obligations to the Federal Government. Applications for the VetBiz VIP verification status must be filed electronically in the VIP database located at
http://www.VetBiz.gov.
Entities Affected by the Rule
The rules may affect disabled veteran-owned businesses in Wisconsin, private- and public-sector entities with supplier- diversity programs that relate to disabled veteran-owned businesses, any state agencies or other entities required to ensure that a portion of orders or contracts are paid or awarded to disabled veteran-owned businesses, and any state agencies or other entities required to submit annual reports to the Department of Administration on these orders or contracts.
Estimate of Time Needed to Develop the Rule
The staff time necessary to develop the rules is expected to range from 80 to 100 hours, depending upon the associated complexity. This includes research, rule drafting, and processing the rules through public hearings, legislative review, and adoption in collaboration with the Wisconsin Department of Veterans Affairs. There are no other resources necessary to promulgate the rules.
Commerce
Financial Resources for Businesses and Communities, Chs.
Comm 100—
Subject
Creates Chapter
Comm 135, relating to food processing plant and food warehouse investment credit.
Objective of the Rule
The proposed rules would implement the provisions of
2009 Wisconsin Act 295 that relate to certifying applicants and allocating to them tax credits for investments in food processing plants and food warehouses.
Policy Analysis
The Department has rules for several other programs associated with tax credits, but none of those programs relate specifically to investments in food processing plants and food warehouses.
The proposed rules are expected to address: (1) the eligibility requirements for applicants; (2) the documentation that must be submitted by applicants to become certified as eligible for the investment credit, and to receive acceptance of incurred expenses; (3) the Department's response to the submitted documentation; and (4) filing a claim with the Department of Revenue for the corresponding tax credit.
The alternative of not promulgating these rules would conflict with the directive in section
560.2056 (4) of the Statutes that requires this promulgation, in consultation with the Department of Revenue.
Statutory Authority
Comparison with Federal Regulations
Neither the Department nor the Department of Revenue is aware of any existing or proposed federal tax credits that are similar to these tax credits.
Entities Affected by the Rule
The proposed rules may affect entities that incur expenses relating to modernization or expansion of food processing plants or food warehouses.
Estimate of Time Needed to Develop the Rule
The staff time needed to develop the rules is expected to range from 40 to 60 hours, depending upon the associated complexity. This includes research, rule drafting, and processing the rules through public hearings, legislative review, and adoption. There are no other resources necessary to promulgate the rules.
Commerce
Financial Resources for Businesses and Communities, Chs.
Comm 100—
Subject
Creates Chapter
Comm 139, relating to rural outsourcing grants.
Objective of the Rule
The proposed rules would implement the provisions of
2009 Wisconsin Act 265 that relate to awarding grants to businesses for outsourcing work to rural municipalities.
Policy Analysis
The Department has rules for several other programs associated with economic and business development grants, but those programs are not targeted specifically to grants to businesses for outsourcing work to rural municipalities.
The proposed rules are expected to address (1) the eligibility requirements for applicants and projects; (2) the documentation that must be submitted by applicants; (3) the Department's response to the submitted documentation; and (4) the Department's use of any funds that are not applied for by the end of the 2009-11 fiscal biennium.
The alternative of not promulgating these rules would conflict with the directive in SECTION 45 (1) (b) in
2009 Wisconsin Act 265 that requires this promulgation.
Statutory Authority
Comparison with Federal Regulations
No similar existing or proposed federal regulations or programs were found through review of the Code of Federal Regulations and pertinent federal agency Web sites – including at the US Department of Agriculture, the US Department of Commerce, the US Economic Development Administration, and the US Small Business Administration.
